This is an application by the appellant for an order –

The respondent had obtained judgment against the appellant in an election petition filed in the Bendel State High Court at Auchi. The election of the appellant into a Local Government Council in 1976 was declared invalid by the High Court on two grounds namely that he failed to comply with certain provisions of the Bendel State Local Government Electoral Regulations, 1976 and that he was guilty of corrupt practices. The appellant being dissatisfied with the judgment of the High Court, appealed to the Federal Court of Appeal. His appeal against the findings of the High Court on the issue of corrupt practises and undue influence was allowed, while the appeal on ground of election agency was dismissed by a majority judgment of two (Omo-Eboh and Nnaemeka-Agu, JJCA) to one (Agbaje, JCA).

Not satisfied with the decision of the Federal Court of Appeal which was given on 18th May, 1978, the appellant filed a Notice of Appeal to this court on 1st June, 1978. If the appellant in so doing had acted correctly, his appeal would have been filed within the three months allowed under Section 31 of the Supreme Court Act, 1960. However, as will appear later in this judgment the notice so filed is defective by reason of its being irregular.